Code: Section 137 BNS
(1) Kidnapping is of two kinds: kidnapping from India, and kidnapping from
lawful guardianship––
(a) whoever conveys any person beyond the limits of India without the consent
of that person, or of some person legally authorised to consent on behalf of that
person, is said to kidnap that person from India;
(b) whoever takes or entices any child or any person of unsound mind, out of the
keeping of the lawful guardian of such child or person of unsound mind, without the
consent of such guardian, is said to kidnap such child or person from lawful
guardianship.
Explanation.––The words “lawful guardian” in this clause include any person
lawfully entrusted with the care or custody of such child or other person.
Exception.—This clause does not extend to the act of any person who in good
faith believes himself to be the father of an illegitimate child, or who in good faith
believes himself to be entitled to the lawful custody of such child, unless such act is
committed for an immoral or unlawful purpose.
(2) Whoever kidnaps any person from India or from lawful guardianship shall be
punished with imprisonment of either description for a term which may extend to seven
years, and shall also be liable to fine.
lawful guardianship––
(a) whoever conveys any person beyond the limits of India without the consent
of that person, or of some person legally authorised to consent on behalf of that
person, is said to kidnap that person from India;
(b) whoever takes or entices any child or any person of unsound mind, out of the
keeping of the lawful guardian of such child or person of unsound mind, without the
consent of such guardian, is said to kidnap such child or person from lawful
guardianship.
Explanation.––The words “lawful guardian” in this clause include any person
lawfully entrusted with the care or custody of such child or other person.
Exception.—This clause does not extend to the act of any person who in good
faith believes himself to be the father of an illegitimate child, or who in good faith
believes himself to be entitled to the lawful custody of such child, unless such act is
committed for an immoral or unlawful purpose.
(2) Whoever kidnaps any person from India or from lawful guardianship shall be
punished with imprisonment of either description for a term which may extend to seven
years, and shall also be liable to fine.
Explanation of Section 137 BNS
Section 137 of the Bharatiya Nyaya Sanhita (BNS) covers kidnapping offenses by defining two broad categories:
- Kidnapping from India (cross-border movement).
- Kidnapping from lawful guardianship (removal from custody).
This section aims to protect minors, persons of unsound mind, and individuals at risk of abduction.
Key Provisions:
- Consent Matters:
- Kidnapping occurs without the consent of the person (if capable of giving consent) or their legal guardian.
- Minors and Persons of Unsound Mind:
- A child below a certain age (typically 16 for males, 18 for females) is considered under the guardianship of parents.
- Taking them away without guardian consent amounts to kidnapping.
- Punishment is Severe:
- Since kidnapping is a serious offense, punishment can extend up to 7 years along with a fine.
Illustrations of Section 137 BNS
Example 1: International Kidnapping
A, without B’s consent, takes B out of India to a foreign country.
👉 A has committed kidnapping from India under Section 137(1)(a).
Example 2: Kidnapping a Minor
X, without Y’s father’s consent, takes Y (a 15-year-old girl) away from her home.
👉 X is guilty of kidnapping from lawful guardianship under Section 137(1)(b).
Example 3: Father Taking an Illegitimate Child
A father, believing in good faith that he has the right to custody of his illegitimate child, takes the child from the mother.
👉 He is not guilty unless done for an immoral or unlawful purpose.
Common Questions and Answers on Section 137 BNS
1. What is the difference between kidnapping from India and kidnapping from lawful guardianship?
- Kidnapping from India involves taking a person beyond the borders of India without consent.
- Kidnapping from lawful guardianship involves taking a minor or a person of unsound mind without the guardian’s consent.
2. What is the punishment for kidnapping under Section 137 BNS?
The punishment is up to 7 years of imprisonment and a fine.
3. Does kidnapping require force?
No, kidnapping can occur even without the use of force—as long as it involves taking a person without proper consent.
4. What is the age limit for kidnapping from lawful guardianship?
- Generally, males under 16 and females under 18 are considered under lawful guardianship.
- Taking them without consent is considered kidnapping.
5. Is eloping with a minor considered kidnapping?
Yes, if a minor runs away with an adult without guardian consent, it can amount to kidnapping from lawful guardianship.
6. Can a biological parent be charged with kidnapping?
Yes, if they do not have legal custody and take the child away unlawfully.
Conclusion
Section 137 BNS safeguards individuals from unauthorized removal—whether across international borders or from lawful guardianship. Given its serious implications, courts impose strict punishments to deter such crimes.
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